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MANALAPAN REALTY v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN

140 N.J. 366 (1995)

658 A.2d 1230

MANALAPAN REALTY, L.P., PLAINTIFF-APPELLANT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN AND THE TOWNSHIP OF MANALAPAN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS. MANALAPAN REALTY, L.P., A NEW JERSEY LIMITED PARTNERSHIP, PLAINTIFF-APPELLANT, v. MANALAPAN TOWNSHIP PLANNING BOARD, DEFENDANT-RESPONDENT. HOME DEPOT USA, INC., INTERVENOR-APPELLANT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MANALAPAN, THE TOWNSHIP OF MANALAPAN, AND MANALAPAN TOWNSHIP PLANNING BOARD, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 6, 1995.

Attorney(s) appearing for the Case

Michael M. Rosenbaum argued the cause for appellant Manalapan Realty, L.P., etc. (Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, attorneys; Mr. Rosenbaum, Robert Novack, and Mary L. Moore, on the briefs).

Michael B. Steib argued the cause for appellant Home Depot U.S.A., Inc.

Robert F. Munoz argued the cause for respondents Township Committee of the Township of Manalapan and the Township of Manalapan (Lomurro, Davison, Eastman & Munoz, attorneys).

James H. Gorman argued the cause for respondent Manalapan Township Planning Board.

The opinion of the Court was delivered by COLEMAN, J.

This appeal requires us to determine whether two amendments to the Township of Manalapan's (Township) zoning ordinance that exclude Home Depot U.S.A., Inc. (Home Depot) from Manalapan's C-1 regional commercial shopping-center district are substantially consistent with the Township's Master Plan (Master Plan). A majority in the Appellate Division, in an opinion published at 272 N.J.Super. 1<...

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